Saed Hindash/The Star-LedgerBoard of Education member Robert Seberio (right) reads a statement Nov. 25 saying that the nine Wayne Hills students who were charged with aggravated assault will not be allowed to participate in all extra-curricular activities, as Board President Donald Pavlak looks on. Those players have filed suit to appeal the decision.

A Superior Court judge will meet Wednesday morning with lawyers for the nine Wayne Hills High School football players suspended from the team for their part in an incident that occurred last month, resulting in assault charges.

The players were suspended Friday by the Wayne Board of Education and have appealed their status, filing two separate lawsuits.

One was filed late Monday with the state commissioner of education, while an order of show cause was filed today in Superior Court in Passaic County.

The suspension stems from an Oct. 29 incident in which the nine players — wide receiver Andrew Monaghan and eight others who are minors — were charged with aggravated assault after the beating of two students from crosstown Wayne Valley High School. One of the students was left unconscious and lying in a roadway.

Interim superintendent Michael Roth initially decided not to suspend them, citing relevant case law, then made the decision to do so Nov. 16 after a further review. Roth’s decision was stayed by the board after a contentious meeting that stretched into the early hours of the night on Nov. 17. The players participated in Wayne Hills’ playoff victory the next night.

A subsequent hearing originally scheduled for tonight was moved to last Friday as an executive session, in part because the Passaic County prosecutor asked that it be rescheduled to prevent interfering with the investigation. In the Friday meeting, the board voted unanimously to suspend the players from extra-curricular activities after principals of both schools told them the incident had come to impact their schools.

In the suits, the eight minors are identified only by their initials because they are juveniles.

Both suits ask for emergent relief, with the players hoping their case can be heard by the end of this week so they may have a chance to play Saturday in Wayne Hills’ state championship game against Old Tappan. The suit filed with the state commissioner of education is first dependent on an administrative judge being assigned to the case.

The complaint filed in Superior Court says the board violated the players’ due process rights because of the manner in which they were suspended. The suits argues the players never were advised of the reason behind the removal of the stay.

“We’re not challenging the contents of the suspension,” said Ron Ricci, the players’ lawyer for the appeals. “We’re challenging the way the suspension violated their procedural due process rights.”

“They never advised the kids before that day that that’s why they were going to be suspended. They never had notice of that. Once they were told the reason they were being suspended for the first time, they never had a chance to dispute that.”

In addition, the suit argues that irreparable harm may be caused to the players as a result of their suspension because their identities will be revealed if they do not play in the game.